San Antonio Wrongful Death Lawyer

San Antonio Wrongful Death Claims

How do you know if your loved one died in wrongful death accident? It’s important to understand that not every untimely death can be the grounds for a wrongful death legal action.

Wrongful death claims are legally the same as a personal injury lawsuit. However, in wrongful death cases, the survivors are suing the negligent party for depriving them of a close loved one. Texas Statutes section 71.001 states that a legal action can be made against someone if they caused a death by “wrongful act, neglect, carelessness, unskillfulness, or default.”

A negligent actor fails to uphold their duty of due care by taking a careless action or omitting to take a reasonable action or precaution. A wrongful death claim can be made by the surviving spouse, child, or parents or the deceased. Separate claims regarding the same death may be combined into one single action by the court. Adult and legally adopted children can also pursue wrongful death actions in Texas.

A personal representative can file a wrongful death action on behalf of the deceased person’s estate if the qualifying family members have not done so within three months after death. You are not allowed to pursue a wrongful death action if the deceased was your sibling.

Additionally, you cannot file a claim regarding your biological parent if someone from another family legally adopted you.

How A Lawyer Helps In A Wrongful Death Claim

It can be very stressful for your family if a loved one is killed in an accident. There may seem to be very few options. However, you can seek financial damages from the parties who caused the death due to their negligent actions.

This process is often confusing and difficult without effective guidance from a capable wrongful death lawyer.

While the various parties involved may express their sympathy, the insurance companies will want to reduce how much they pay out for a wrongful death. This may seem unfair. You family lost an irreplaceable person, and you may have also lost a necessary source of income.

An experienced lawyer can help you with every part of your wrongful death action. This involves negotiating with the insurance companies and their lawyers.

Receiving a suitable financial settlement offer requires building a strong argument for negotiations. Insurers know that our wrongful death lawyers have decades of successful trial experience and will take your case to court if you are not treated fairly.

A San Antonio wrongful death suit can result in financial compensation to cover damages such as:

• Funeral costs
• Lost wages
• Lost future inheritance
• Medical bills incurred before death
• Loss of companionship
• Loss of consortium
• Therapy needed by survivors

Accidents That Often Result In Wrongful Death

A loved one may be fatally injured when you least expect it. This is especially true in cases where the negligent actions of another turned a normal situation into a deadly accident. There are thousands of deadly accidents in Texas every year.

The survivors of the deceased have the right to seek compensation from someone who caused the accident due to a negligent act or omission. However, it’s very common for people to be uncertain if they have a case for a wrongful death claim.

A lawyer with years of experience handling wrongful death suits in Texas can help you understand your options for recovery during this difficult time. Residents of the San Antonio area are badly injured and killed in many accidents every year. These often occur when people are at work, on the road, or enjoying recreational activities.

Every wrongful death case is unique. The circumstances of your loved one’s death must be fully investigated and understood. If this is not done, recovering financial compensation will be very unlikely. Our lawyers have represented many victims in wrongful death claims.

An unexpected and senseless death can happen in many different types of scenarios, such as:

• Motor vehicle accidents – Car accidents and truck accidents kill many people on San Antonio highways and small roads. Some of the most dangerous areas include Interstate access points and neighborhood roads.
• Work accidents – Many people in the San Antonio area work in the energy, agriculture, or industrial sectors. However, workplace accidents can also happen in generally safe workspaces such as office buildings.
• Recreational accidents – Many people throughout Texas enjoy boating, hunting, and using all-terrain vehicles. However, a careless act can result in a devastating and deadly accident.
• Defective products – Heavy machinery, motor vehicles, and handheld devices can cause serious injury or death if they are defective. A skilled San Antonio lawyer will understand how to investigate and pursue such cases.

Wrongful Death Incidents In San Antonio

Residents of San Antonio are frequently outside or working with powerful machines. Even if we are engaging in potentially dangerous work or activities, everyone around should act with due care to prevent an accident.

Negligent acts frequently cause terrible incidents that harm and even kill others. Your loved one could have been killed through no fault of their own. You still have the right to recover from the negligent party if their actions were the direct cause of your family member’s death.

As wrongful death attorneys in San Antonio, we have seen many tragic and needless accidents that have resulted in death.

While there are countless ways a negligent person could cause a terrible accident, some specific examples of recent incidents in our area include:

• Airbag failures – Defective airbags can explode and cause more harm than good for people in a car accident. Recently a woman was killed along Interstate 35 near San Antonio in an explosion that is being blamed on an airbag.
• Improperly maintained recreational vehicles – Boats and off-road vehicles must be properly maintained by those who sell or rent them to others. Recent boating incidents in Canyon Lake have caused serious injury and death.
• Child care negligence – An infant recently died at a daycare facility on Callaghan Road on San Antonio’s north side. Investigations are currently determining if the care facility holds liability in this untimely death.
• Construction accidents – Many residents in our area perform dangerous work outdoors and on construction sites. A woman recently died while working in an accident on a construction site off Potranco Road in western Bexar County.

Wrongful Death Claim Time Limits

Texas law requires that you file a wrongful death action within two years of a loved one’s death. This statute of limitations law can result in your case being dismissed if you wait too long. You might think that two years is a lot of time to think about your options. However, it is not.

A lawyer will have to investigate many details before seeking a wrongful death settlement. Furthermore, certain parties may not be very cooperative at first. It’s important to not delay in calling your lawyer if you feel as if your loved one was killed by the careless or negligent acts of another.

A knowledgeable legal professional can listen to your case and help you understand your chances of a successful wrongful death claim.

There are some exceptions to Texas’ two-year statute of limitations. These may apply to your case if it’s unfair for you or your loved ones to file a claim due to certain details. Your lawyer can help you understand how the wrongful death statute of limitations will apply to your case.

Exceptions include:

• A discovery phase applies – The statute of limitations can be delayed only if it becomes apparent later that negligence caused the death in question. For example, being negligently exposed to toxins can cause death, but the details may not be apparent for years.
• A “disability” gets in the way – The time limit can also be extended if you have an ailment or disability. This exception to the statute of limitations can also apply when the party suing is a minor at the time of their loved one’s death.